Wisconsin Statutes 452.25 – Criminal convictions and disclosures
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 452.25
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) Felony convictions.
452.25(1)(a) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, and except as provided in pars. (b) to (e), no applicant who is an individual may be issued an initial broker’s or salesperson’s license if the applicant has been convicted of a felony.
(b) If an applicant has been convicted of a felony described under par. (a); the applicant has completed the confinement portion of his or her sentence, if the applicant is serving a bifurcated sentence, or has been released from prison to parole or released upon the completion of his or her sentence; and 3 years have elapsed since the date on which the confinement portion was completed or the applicant was released, the applicant may apply to the board for a determination as to whether the applicant is suitable to be granted a license.
(c) If an applicant applies for a determination under par. (b), the board may require the applicant to provide any information that is necessary for the investigation and shall make a determination by doing all of the following:
1. Reviewing any information relating to the felony.
2. Reviewing any supplemental information provided by the applicant bearing upon his or her suitability for licensure as a broker or salesperson.
3. Considering all of the following factors:
a. The severity and nature of the felony.
b. The amount of time that has elapsed.
c. The number or pattern of felonies or other similar incidents that gave rise to the felony conviction.
d. The circumstances surrounding the felony that may have a bearing on whether the applicant might repeat the behavior that was the subject of the felony.
e. The relationship of the felony to real estate practice.
f. The applicant’s activities since the felony, including employment, education, participation in treatment, payment of restitution, and any other factor that may be evidence of rehabilitation.
(d) With respect to a determination under par. (c), the applicant bears the burden of demonstrating his or her suitability for licensure.
(e) If the board makes a determination under par. (c) to allow an applicant to be granted a broker’s or salesperson’s license, the applicant shall be granted the license if the applicant satisfies all other requirements for granting the license.
(f) This subsection does not apply to the renewal of a license.
(2) False affirmations.
(a) No person may intentionally submit any false information on a form created by the board under s. 111.335 (4) (f) 5. or 452.05 (1) (i).
(b) No applicant may be issued an initial broker’s or salesperson’s license, and no applicant may renew such a license, if the applicant has violated par. (a) and failed to pay any forfeiture assessed by the board under s. 452.14 (4r) for that violation.